Campbell et al v. Facebook Inc.

Filing 127

Administrative Motion to File Under Seal re Plaintiffs' Response to Declaration of Dale Harrison filed by Matthew Campbell, Michael Hurley. (Attachments: # 1 Declaration of Melissa Gardner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order, # 7 Certificate/Proof of Service)(Gardner, Melissa) (Filed on 10/8/2015)

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Michael W. Sobol (State Bar No. 194857)
[e-mail]
David T. Rudolph (State Bar No. 233457)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008

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Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]
Facsimile: 501.312.8505

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Attorneys for Plaintiffs and the Proposed Class

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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MATTHEW CAMPBELL and MICHAEL
HURLEY, on behalf of themselves and all
others similarly situated,

Case No. C 13-05996 PJH (MEJ)

v.

[PROPOSED] ORDER GRANTING
PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE UNDER SEAL RE
PLAINTIFFS’ RESPONSE TO
DECLARATION OF DALE HARRISON

FACEBOOK, INC.,

Judge: Honorable Maria-Elena James

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Plaintiff,
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Defendant.
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Having considered Plaintiffs’ administrative motion to file under seal pursuant to Civil

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Local Rule 79-5, which was filed on October 8, 2015, as well as Plaintiffs’ supporting

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declaration, and all other papers and pleadings on file, the Court hereby grants the motion to seal

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the following documents: (1) Exhibits 1 and 2 to Plaintiffs’ Response to the Declaration of Dale
1276348.1

[PROPOSED] ORDER GRANTING PLAINTIFFS’
ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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Harrison (“Response”); and (2) such portions of the Response as are designated in the table

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below:

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Page

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1

Text
Between “…asserts that only the” and “concerning
the incremental increase…”

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1

Between “The” and “Plaintiffs seek are
essential…”

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Between “…limit its production to the” and
“associated with the Like counter.”

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Between “…basis for why other” and “beyond
those concerning incrementing the Like counter…”

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Between “Facebook’s declarant states that it” and
“Declaration at ¶ 19.”

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Between “Mr. Harrison further states that he” and
“Id. Put another way”

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Between “…he cannot identify or produce…” and
“This is simply a restatement….”

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Between “…his statements are always conditional:”
and “Declaration at ¶ 19.”

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Between “…and the purportedly” and “Plaintiffs
are not asking….”

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3-4

Between “The Declaration does not” and
“Facebook nonetheless...”

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Between “Further, Facebook’s methodology in
identifying” and “Id. at ¶ 19.”

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Between “… Mr. Harrison does not say that” and
“Id. at ¶ 18.”

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Between “identify and produce” and “In contrast
to…”

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Between “Plaintiffs are entitled to receive the
following items of information:” and “Each of the
above-described documents...”

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Between “Each of these documents contains
content related to how…” and “In response,….”

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Between “In response, Facebook contends that ”
and “As Plaintiffs seek injunctive relief...”

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Between “depth and breadth of” and
“Moreover,…”

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6

Between “Moreover,” and “If other documents
purport...”

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6

Between “…clear that the content of …” and
“Refusal to produce...”

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1276348.1

-2-

[PROPOSED] ORDER GRANTING PLAINTIFFS’
ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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Page
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Text
Between “…should be produced” and “…created
from private messages.”

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Between “In terms of identifying how” and “Id. at ¶
20.”

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Between “…purpose of each” and “thus far
produced.”

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Between “…allow Plaintiffs to” and “Id. at ¶ 6.”

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Between “Identification of” and “The Declaration
makes reference to...”

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Between “The Declaration makes reference to” and
“Such clarification...”

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Between “…burden from identifying” and “it
should be compelled...”

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Between “Harrison states that it would be” and the
end of the footnote.

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IT IS SO ORDERED.

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Dated:
MARIA-ELENA JAMES
United States Magistrate Judge

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1276348.1

-3-

[PROPOSED] ORDER GRANTING PLAINTIFFS’
ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)